February 2021
This document provides select examples of U.S. states, cities, and
counties1 that restrict the sale of flavored tobacco products. For
local jurisdictions, it focuses on those with a population over
75,000. The Public Health Law Center includes the following best
practices in its model tobacco flavor restrictions policies: (1)
covering the entire jurisdiction, (2) prohibiting menthol, (3)
restricting flavors in all tobacco products, and (4) not including
exemptions for certain retailers.
The first chart organizes jurisdictions based on how they address
these four best practices.
The second chart organizes the jurisdictions by state, capturing
variations among flavor restrictions in each of these four areas.
The chart
also provides links to each jurisdiction’s laws and summarizes
relevant legal challenges.
A state or local government considering whether to adapt any
language from the following policies should take care to ensure
that the language is appropriate, practical, and legal for its
jurisdiction. Please note that the Public Health Law Center does
not endorse or recommend any of the following policies. We have
included these examples to illustrate how various jurisdictions
regulate the sale of flavored tobacco products and related
electronic nicotine delivery devices.
This chart is not comprehensive. Feel free to contact the Public
Health Law Center for more information about flavored tobacco
restrictions where you live.
U.S. SALES RESTRICTIONS ON FLAVORED TOBACCO PRODUCTS
SALES RESTRICTIONS
RESTRICTIONS BY TYPE 3
Flavored Tobacco Restrictions by Type
This list organizes states, cities and counties by restriction
type. Please note that this list is not intended to be
comprehensive and that other types of flavored tobacco policies
exist outside of those mentioned here.
State Policies
Maine 1 2009
Massachusetts 3 June 2020
Utah 2,4 July 2020
December 2022, if voters approve referendum
1 Only covers non-premium flavored cigars 2 Only covers flavored
e-cigarettes 3 Retailer exemptions for licensed smoking bars 4
Retailer exemption for specialty tobacco stores 5 Product
exemptions for hookah, premium cigars, pipe tobacco.
February 2021
Also, in 2019, the following states took temporary action to ban
flavored e-cigarettes in response to the EVALI (e-cigarette or
vaping product use-associated lung injury) crisis:
{ Massachusetts { Michigan
Alameda, CA
Berkeley, CA
Carson, CA
Richmond, CA
Sacramento, CA
Yolo County, CA 1
1 See also Woodland, CA, and Davis, CA, adopting Yolo County
restrictions by reference.
E-Cigarettes Only (jurisdiction-wide ban, menthol flavor
prohibited, e-cigarettes only, no retailer exemption)
Jurisdiction Jurisdiction-wide ban? Menthol prohibited? All tobacco
products? Covers all retailers?
Jersey City, NJ
Ventura County, CA
Jurisdiction Jurisdiction-wide ban? Menthol prohibited? All tobacco
products? Covers all retailers?
Burbank, CA1
Ventura, CA1
1 Hookah excluded 2 Only covers e-cigarettes, menthol cigarettes,
and cigarillos 3 Conventional cigarettes excluded 4 Only covers
e-cigarettes, cigars, and roll-your-own tobacco 5 Hookah, premium
cigars, pipe tobacco excluded
February 2021
Retailer Exemptions, Menthol Flavor Prohibited (jurisdiction-wide
ban, menthol flavor prohibited, certain retailers exempt)
Jurisdiction Jurisdiction-wide ban? Menthol prohibited? All tobacco
products? Covers all retailers?
Alameda County, CA
Buffer Zone Restrictions (flavor sales prohibited around buffer
zone, menthol flavor prohibited)
Jurisdiction Jurisdiction-wide ban? Menthol prohibited? All tobacco
products? Covers all retailers?
Chicago, IL1
1 flavored e-cigarette sales banned everywhere, other flavored
tobacco product sales only banned in buffer zone
Menthol Flavor Allowed, with Retailer Exemption (jurisdiction-wide
ban, menthol flavor allowed, exemption for retailers)
Jurisdiction Jurisdiction-wide ban? Menthol prohibited? All tobacco
products? Covers all retailers?
Cambridge, MA
Lowell, MA
Lynn, MA
Newton, MA
Worcester, MA
February 2021
Jurisdiction / California / pending referendum result in December
2022
Flavor prohibited? Menthol prohibited? All tobacco products? Covers
all retailers? Case law
Yes.
“A tobacco retailer, or any of the tobacco retailer’s agents or
employees, shall not sell, offer for sale, or possess with the
intent to sell or offer for sale, a flavored tobacco product or a
tobacco product flavor enhancer.”
SB-793(b)(1).
Yes.
“Characterizing flavor” means a distinguishable taste or aroma, or
both, other than the taste or aroma of tobacco, imparted by a
tobacco product or any byproduct produced by the tobacco product.
Characterizing flavors include ... menthol, mint, wintergreen
...”
SB-793(a)(1).
No.
“Subdivision (b) does not apply to sales of premium cigars sold in
cigar lounges where products are purchased and consumed only on the
premises … [or] to loose leaf tobacco or premium cigars.”
SB-793(d).
No.
”Subdivision (b) does not apply to the sale of flavored shisha
tobacco products by a hookah tobacco retailer if all of the
following conditions are met: (1) The hookah tobacco retailer has a
valid license to sell tobacco products issued pursuant to Chapter 2
(commencing with Section 22971.7) of Division 8.6 of the Business
and Professions Code. (2) The hookah tobacco retailer does not
permit any person under 21 years of age to be present or enter the
premises at any time. (3) The hookah tobacco retailer shall operate
in accordance with all relevant state and local laws relating to
the sale of tobacco products. (4) If consumption of tobacco
products is allowed on the premises of the hookah tobacco retailer,
the hookah tobacco retailer shall operate
Yes.
SB-793 is being challenged by the tobacco industry on preemption,
dormant commerce clause grounds. R.J. Reynolds Tobacco Co. et al v.
Becerra et al, No. 3:20-cv-01990 (S.D. Cal., filed Oct. 9,
2020).
February 2021
Jurisdiction / California / continued
Flavor prohibited? Menthol prohibited? All tobacco products? Covers
all retailers? Case law
in accordance with all state and local laws relating to the
consumption of tobacco products on the premises of a tobacco
retailer, including, but not limited to, Section 6404.5 of the
Labor Code.”
SB-793(c).
Jurisdiction / California / Alameda
Yes.
“It shall be a violation of this article for any tobacco retailer
or any of the tobacco retailer’s agents or employees to sell or
offer for sale, or to possess with intent to sell or offer for
sale, any flavored tobacco product.”
Alameda, Cal. Code § 6-60.110 (a) (2018).
Yes.
“Characterizing flavor means a taste or aroma, other than the taste
or aroma of tobacco, imparted prior to or during consumption of a
tobacco product or any byproduct produced by the tobacco product
including, but not limited to, tastes or aroma relating to menthol,
mint, wintergreen...”
Alameda, Cal. Code § 6-60.10 (2018).
Yes.
“Tobacco product means: (1) Any product containing, made, or
derived from tobacco or nicotine that is intended for human
consumption, whether smoked, heated, chewed, absorbed, dissolved,
inhaled, snorted, sniffed, or ingested by any other means . . . (2)
Any electronic smoking device that delivers nicotine or other
substances... (3) ...any component, part, or accessory of a tobacco
product...”
Alameda, Cal. Code § 6-60.10 (2018).
Yes. No.
February 2021
Jurisdiction / California / Alameda County
Yes.
“No tobacco retailer or any of the tobacco retailer’s agents or
employees may sell or possess with intent to sell any flavored
tobacco product.”
Alameda County, Cal. Code § 3.58.040 (A) (2020).
Yes.
“’Characterizing flavor’ means a taste or aroma, other than the
taste or aroma of tobacco, imparted either prior to or during
consumption of a tobacco product or any byproduct produced by the
tobacco product, including, but not limited to, tastes or aromas
relating to menthol, mint, wintergreen...”
Alameda County, Cal. Code § 3.58.020 (2020).
Yes.
“Tobacco product means: (1) Any product containing, made, or
derived from tobacco or nicotine that is intended for human
consumption, whether smoked, heated, chewed, absorbed, dissolved,
inhaled, snorted, sniffed, or ingested by any other means … (2) Any
electronic smoking device that delivers nicotine or other
substances... (3) ...any component, part, or accessory intended or
reasonably expected to be used with a tobacco product...”
Alameda County, Cal. Code § 3.58.020 (2020).
No.
“The requirements and prohibitions of this chapter shall not apply
to cannabis retail or delivery operators holding a permit under
Chapter 6.108 or combined cannabis operations holding a permit
under Chapter 6.109.”
Alameda County, Cal. Code § 3.58.210 (2020).
No.
Flavor prohibited? Menthol prohibited? All tobacco products? Covers
all retailers? Case law
Yes.
“It shall be a violation of a tobacco retailer’s license for a
licensee or his or her agent or employee to sell or offer for sale,
or to possess with intent to sell or offer for sale, any flavored
tobacco product.”
Berkeley, Cal. Code § 9.80.031 (2019).
Yes.
Berkeley, Cal. Code § 9.80.20 (2019).
Yes.
“‘Tobacco product’ means: 1. any substance containing, made of, or
derived from tobacco or nicotine including but not limited to
cigarettes, cigars, cigarillos, pipe tobacco, snuff, chewing
tobacco, dipping tobacco, bidis, and shisha; 2. any e-liquid; 3.
any electronic nicotine delivery system; and 4. any tobacco
paraphernalia.”
Berkeley, Cal. Code § 9.80.020(K) (2019).
Yes. No.
February 2021
Jurisdiction / California / Burbank
Yes.
“It shall be a violation of this Article for any Tobacco Retailer …
any agents or employees to sell, offer for sale, or to possess with
intent to sell … any flavored tobacco product.”
Burbank Municipal Code sec. 3-4-2508 (A).
Yes.
Burbank Municipal Code sec. 3-4-2502 (E).
“Characterizing flavor” includes “taste or aroma, other than the
taste or aroma of tobacco..including, but not limited to, tastes or
aroma relating to menthol, mint, wintergreen,” etc.
Burbank Municipal Code sec. 3-4-2502(B).
No.
“[E]xcept for hookah tobacco in a form that may only be used in a
non-electric hookah pipe or water pipe.”
Burbank Municipal Code sec. 3-4-2508 (A).
No.
”[E]xcept in a tobacco bar, whose sales of flavored tobacco
products are limited to onsite use only by customers at least 21
years of age ...”
Burbank Municipal Code sec. 3-4-2508 (A).
No.
Jurisdiction / California / Carson
Yes.
“[I]t is unlawful in the City for any tobacco and electronic
cigarette retailer to sell, offer to sell, exchange, or offer to
exchange, for any form of consideration, any flavored tobacco
product.”
Carson, Cal. Ordinance No. 19-1940, sec. 63150.5.13 (2020).
Yes.
“’Characterizing flavor’ means a taste or aroma, other than the
taste or aroma of tobacco, imparted either prior to or during
consumption of a tobacco product or any byproduct produced by the
tobacco product, including but not limited to tastes or aromas
relating to menthol, mint, wintergreen...”
Carson, Cal. Ordinance No. 19-1940, sec. 63150.5.1 (2020).
Yes.
“’Tobacco product’ means any substance containing, made, or derived
from tobacco leaf or nicotine, including but not limited to any
tobacco cigarette, cigar, pipe tobacco, snuff, hookah shisha,
smokeless tobacco or any other form of tobacco which may be
utilized for smoking, chewing, inhaling or other manner of
ingestion.”
Carson, Cal. Ordinance No. 19-1940, sec. 63150.5.1 (2020).
Yes. No.
February 2021
Jurisdiction / California / Contra Costa County
Flavor prohibited? Menthol prohibited? All tobacco products? Covers
all retailers? Case law
Yes.
“No tobacco retailer may sell, offer for sale, or exchange or offer
to exchange for any form of consideration, to a consumer any
flavored tobacco product or menthol cigarette.”
Contra Costa County, Cal., Code § 445-6.006 (2020).
“A ‘characterizing flavor’ includes, but is not limited to, a taste
or aroma relating to ... menthol, mint, wintergreen ...”
Contra Costa County, Cal., Code § 445-2.006(a) (2020).
“’Menthol cigarettes’ means cigarettes as defined by federal law,
that have a characterizing flavor of menthol, mint, or wintergreen,
including cigarettes advertised, labeled, or described by the
manufacturer as possessing a menthol characterizing flavor.”
Contra Costa County, Cal., Code § 445-2.006(k) (2020).
Yes.
“‘Tobacco product’ means … (1) [a]ny product containing, made from,
or derived from tobacco or nicotine that is intended for human
consumption, whether smoked, heated, chewed, absorbed, dissolved,
inhaled, snorted, sniffed, or ingested by any other means … (2)
[a]ny electronic smoking device … ”
Contra Costa County, Cal., Code § 445-2.006(u) (2020) (emphasis
added).
Yes. No.
February 2021
Jurisdiction / California / Fremont
Yes.
“No tobacco retailer, nor any of the retailer’s agents or
employees, shall sell or offer for sale, or possess with intent to
sell or offer for sale, any flavored tobacco product.”
Fremont, Cal. Code § 8.75.120(a) (2020).
Yes.
“’Characterizing flavor’ means a taste or aroma, other than the
taste or aroma of tobacco, imparted either prior to or during
consumption of a tobacco product or any byproduct produced by the
tobacco product, including, but not limited to, tastes or aromas
relating to menthol, mint, wintergreen...”
Fremont, Cal. Code § 8.75.010(b) (2020).
Yes.
“Tobacco product means: (1) Any product containing, made, or
derived from tobacco or nicotine that is intended for human
consumption, whether smoked, heated, chewed, absorbed, dissolved,
inhaled, snorted, sniffed, or ingested by any other means . . . (2)
Any electronic smoking device that delivers nicotine or other
substances... (3) ...any component, part, or accessory of a tobacco
product...”
Fremont, Cal. Code § 8.75.010(q) (2019).
Yes. No.
February 2021
Jurisdiction / California / Hayward
Yes.
“It shall be a violation of these regulations for any Tobacco
Retailer … to sell or offer for sale … 1) Flavored tobacco
products, parts, components, or flavored tobacco paraphernalia
…”
Hayward, Cal. Ord. No. 20-13, Sec. 10-1.2783(c) (Adopted July 7,
2020).
Yes.
“’Characterizing Flavor’ means a taste or aroma, other than the
taste or aroma of tobacco, imparted by a tobacco product . . .
Including but not limited to . . . menthol, mint, wintergreen . .
.”
Hayward, Cal. Ord. No. 20- 13, Sec. 10-1.2782(f) (Adopted July 7,
2020).
Yes.
“’Tobacco Product’ means any product containing, made or derived
from tobacco or nicotine that is intended for human consumption,
whether smoked, heated, chewed, absorbed, dissolved, inhaled,
snorted, sniffed or ingested by any other means. ‘Tobacco Product’
includes but is not limited to cigarettes, cigars, little cigars,
chewing tobacco, pipe tobacco, snuff snus, electronic smoking
devices ...”
Hayward, Cal. Ord. No. 20-13, Sec. 10-1.2782(aa) (Adopted July 7,
2020).
No.
Exception for “Tobacco Retailers whose business included the sale
of flavored tobacco products prior to the effective date of [the
flavored tobacco regulation].”
Hayward, Cal. Code § 10- 1.2783(c) (2019).
No.
Jurisdiction / California / Livermore
Yes.
“Sale, offer for sale, exchange, or offer to exchange any flavored
tobacco product is prohibited.”
Livermore, Cal. Code § 5.50.100 (A) (2019).
Yes.
Yes.
“’Tobacco product’ means: Any product containing, made from, or
derived from tobacco or nicotine that is intended for human
consumption, whether smoked, heated, chewed, absorbed, dissolved,
inhaled, snorted, sniffed, or ingested by any other means,
including, but not limited to cigarettes, cigars, little cigars,
chewing tobacco, pipe tobacco, snuff; Any electronic smoking
device; ...”
Livermore, Cal. Code § 5.50.100 (L)(2019).
Yes. No.
February 2021
Jurisdiction / California / Long Beach
Yes.
“A person, including a tobacco retailer or any employee of a
tobacco retailer, shall not sell or offer for sale, or distribute
any prohibited product.”
Long Beach, Cal. Ordinance No. 19-0033, sec. 5.94.030 (A).
Prohibited products are defined as “flavored cigarillos, flavored
electronic smoking devices, flavored electronic smoking device
fluid and menthol cigarettes.”
Long Beach, Cal. Ordinance No. 19-0033 sec. 5.94.020(O).
Yes.
“Flavor” means “an artificial or naturally-occurring substance that
contains the taste or smell, other than the taste of tobacco …
including, but not limited to … menthol, mint, wintergreen …
”
Long Beach, Cal. Ordinance No. 19-0033 sec. 5.94.020 (H).
No.
”’Prohibited products’ means the following: 1. ‘Flavored
cigarillos’, as defined by this Section; 2. ‘Flavored electronic
smoking devices’, as defined by this Section; 3. ‘Flavored
electronic smoking device fluid’, as defined by this Section; and
4. ‘Menthol cigarettes’, as defined by this Section.” (Note, this
does not include flavored cigars, roll- your-own tobacco, chewing
tobacco, or hookah.)
Long Beach, Cal. Ordinance No. 19-0033, sec. 5.94.020(0).
Yes. No.
February 2021
Jurisdiction / California / Los Angeles County
Flavor prohibited? Menthol prohibited? All tobacco products? Covers
all retailers? Case law
Yes.
“After 180 days of the effective date of the Ordinance codified in
this Chapter, it shall be a violation of this Chapter for a tobacco
retailer/ licensee or its agent(s) or employee(s) to sell or offer
for sale, or to possess with the intent to sell or offer for sale,
any flavored tobacco product or any component, part, or accessory
intended to impart, or imparting a characterizing flavor in any
form, to any tobacco product or nicotine delivery device, including
electronic smoking devices.”
Los Angeles County, Cal. Code § 11.35.070 (E) (2019).
Yes.
“’Characterizing flavor’ means a taste or aroma, other than the
taste or aroma of tobacco, imparted either prior to or during
consumption of a tobacco product or any byproduct produced by the
tobacco product, including, but not limited to, tastes or aromas
relating to menthol, mint, wintergreen...”
Los Angeles County, Cal. Code § 11.35.020 (C) (2019).
Yes.
“Tobacco product means: (1) Any product containing, made, or
derived from tobacco or nicotine that is intended for human
consumption, whether smoked, heated, chewed, absorbed, dissolved,
inhaled, snorted, sniffed, or ingested by any other means … (2) Any
electronic smoking device that delivers nicotine or other
substances... (3) ...any component, part, or accessory intended or
reasonably expected to be used with a tobacco product...”
Los Angeles County, Cal. Code § 11.35.020 (U) (2019).
Yes. Yes.
Ordinance survived preemption challenge from manufacturers. Case on
appeal to the 9th Cir. as of Jan. 2021. R.J. Reynolds Tobacco Co.
et al v. Cty. of Los Angeles et al., No. 2:20- cv-04880 (C.D. Cal.
Aug 7, 2020). Also survived vagueness, due process challenges
brought by retailers. CA Smoke and Vape Assn., Inc. et al v. Cty.
of Los Angeles, et al, No. 2:20-cv- 04065 (C.D. Cal. Aug 7,
2020).
February 2021
Jurisdiction / California / Marin County
Yes.
“The sale or offer for sale, by any person or tobacco retailer of
any flavored tobacco product is prohibited and no person or tobacco
retailer shall sell, or offer for sale, any flavored tobacco
product.”
Marin Cty., Cal. Code § 5.75.040 (a) (2019).
Yes.
A “characterizing flavor” is “distinguishable taste or aroma or
both, other than the taste or aroma of tobacco … include[ing], but
not limited to … menthol, mint, wintergreen.”
Marin Cty., Cal. Code § 5.75.030 (a) (2019).
Yes.
“Tobacco product” includes “any product containing, made, or
derived from tobacco or nicotine that is intended for human
consumption … ”
Marin Cty., Cal. Code § 5.75.030 (g)(1) (2019).
and “any electronic device that delivers nicotine … an electronic
cigarette, electronic cigar, electronic pipe, or electronic
hookah.”
Marin Cty., Cal. Code § 5.75.030 (g)(2).
Yes. No.
February 2021
Jurisdiction / California / Oakland
Yes.
“It shall be a violation of this Chapter for any tobacco retailer
or any of the tobacco retailer’s agents or employees to sell or
offer for sale, or to possess with intent to sell or offer for
sale, any flavored tobacco product. A tobacco product is presumed
to be a flavored tobacco product if a Tobacco Retailer,
Manufacturer, or any employee or agent of a Tobacco Retailer or
Manufacturer has: a) Made a public statement or claim that the
tobacco product has or produces a characterizing flavor, including,
but not limited to, text and/or images on the products’ labeling or
packaging that are used to explicitly or implicitly communicate
information about the flavor, taste
Yes.
“’Characterizing Flavor’ means a distinguishable taste or aroma,
other than the taste or aroma of tobacco, imparted by a Tobacco
Product or any byproduct produced by the Tobacco Product,
including, but limited to, taste or aromas relating to any fruit,
chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic
beverage, menthol, mint, wintergreen, herb, or spice; provided,
however that a tobacco product shall not be determined to have a
Characterizing Flavor solely because of the use of additives or
flavorings or the provision of ingredient information.”
Oakland, Cal., Code 5.91 (2019).
Yes.
”’Tobacco Product’ as used in this Chapter means: (a) any product
containing, made, or derived from tobacco or nicotine that is
intended for human consumption, whether smoked, heated, chewed,
absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any
other means, including but not limited to cigarettes, cigars,
little cigars, chewing tobacco, pipe tobacco, and snuff; and (b)
any Electronic Smoking Device … “
Oakland, Cal., Code 5.91 (2019).
No.
“This section does not apply to the sale or offer for sale of
Flavored Tobacco Products by a ‘Tobacco Store.’” “Tobacco Store” is
a retail business that primarily sells tobacco products; generates
more than 60 percent of its gross revenues annually from the sale
of tobacco products and tobacco paraphernalia; does not permit any
person under 18 years of age to be present or enter the premises at
any time, unless accompanied by the person’s parent or legal
guardian; and does not sell alcoholic beverages or food for
consumption on the premises.
Oakland, Cal., Code 5.91 (2019).
No.
Jurisdiction / California / Oakland / continued
Flavor prohibited? Menthol prohibited? All tobacco products? Covers
all retailers? Case law
or aroma of a tobacco product; b) Taken actions directed to
consumers that would be reasonably expected to result in consumers
believing that the tobacco product imparts a characterizing
flavor.”
Oakland, Cal., Code 5.91 (2019).
February 2021
Jurisdiction / California / Oxnard
Yes.
“It shall be unlawful for any retailer to sell or offer for sale
any flavored tobacco product.”
Oxnard, Cal. Code § 11-374 (A) (2019).
Yes.
A flavored tobacco product is defined as “any tobacco product that
contains a taste or smell, other than the taste or smell of
tobacco, that is distinguishable by an ordinary consumer either
prior to, or during the consumption of, a tobacco product,
including, but not limited to, any taste or smell relating to...
menthol, mint, wintergreen...”
Oxnard, Cal. Code § 11-370 (F) (2019).
Yes.
“Tobacco product means (1) any product containing, made of, or
derived from tobacco or nicotine that is intended for human
consumption or is likely to be consumed, whether inhaled, absorbed,
or ingested by other means . . . (2) any electronic smoking device
as defined in this article and any substances that may be
aerosolized or vaporized by such device; or (3) any component,
part, or accessory of (1) or (2)...”
Oxnard, Cal. Code § 11-370 (L) (2019).
Yes. No.
February 2021
Jurisdiction / California / Palmdale
Yes.
“It shall be a violation of this section for any tobacco retailer
or any of permittee’s agents or employees to sell or offer for
sale, or to possess with intent to sell or offer for sale, any
flavored electronic cigarette product.”
Palmdale, Cal. Code § 5.04.670 (H)(4)(a) (2019).
Yes.
“‘Flavored electronic cigarette product’” shall mean any product
used in an electronic cigarette, containing, as a constituent or
additive, an artificial or natural flavor or an herb or spice,
including but not limited to tobacco, mint, menthol, spearmint,
wintergreen...”
Palmdale, Cal. Code § 5.04.670 (A)(4) (2019).
No.
Yes. Yes.
Ordinance challenged on preemption, vagueness, due process grounds,
but plaintiffs voluntarily withdrew case. CA Smoke and Vape Assn.,
Inc. et al v. City of Palmdale (2020) No. 2:20-cv- 05039 (C.D.
Cal., filed Jun 07, 2020).
February 2021
Jurisdiction / California / Richmond
Yes.
“It shall be a violation of this chapter for any tobacco retailer
or any of the tobacco retailer’s agents or employees to sell, offer
for sale, or to possess with intent to sell or offer for sale, any
flavored tobacco product.”
Richmond, Cal. Code § 7.106.030 (j)(1)(2019).
Yes.
“’Characterizing flavor’ means a taste or aroma, other than the
taste or aroma of tobacco, imparted either prior to or during
consumption of a tobacco product or any byproduct produced by the
tobacco product, including, but not limited to, tastes or aromas
relating to menthol, mint, wintergreen...”
Richmond, Cal. Code § 7.106.020 (2019).
Yes.
“Tobacco product means: (1) Any product containing, made, or
derived from tobacco or nicotine that is intended for human
consumption, whether smoked, heated, chewed, absorbed, dissolved,
inhaled, snorted, sniffed, or ingested by any other means . . . (2)
Any electronic smoking device that delivers nicotine or other
substances... (3) ...any component, part, or accessory intended or
reasonably expected to be used with a tobacco product...”
Richmond, Cal. Code § 7.106.020 (2019).
Yes. No.
February 2021
Flavor prohibited? Menthol prohibited? All tobacco products? Covers
all retailers? Case law
Yes.
“It is a violation of a license for a licensee or his or her agents
or employees to sell or offer for sale any flavored tobacco product
… ”
Sacramento, Calif., Ordinance 2019-0012 (April 16, 2019) (codified
at Sacramento, Calif., Code § 5.138.100(A)).
Yes.
“Flavored tobacco product means any tobacco product that imparts a
characterizing flavor.”
“Characterizing flavor means a taste or aroma, other than the taste
or aroma of tobacco, imparted either prior to or during consumption
of a tobacco product or any byproduct produced by the tobacco
product, including, but not limited to, tastes or aromas relating
to menthol, mint, wintergreen … ”
Sacramento, Calif., Ordinance 2019-0012 (April 16, 2019) (codified
at Sacramento, Calif., Code § 5.138.030) (emphasis added).
Yes.
“‘Tobacco product’ means: 1. A product containing, made, or derived
from tobacco or nicotine that is intended for human consumption,
whether smoked, heated, chewed, absorbed, dissolved, inhaled,
snorted, sniffed, or ingested by any other means, including, but
not limited to, cigarettes, cigars, little cigars, chewing tobacco,
pipe tobacco, or snuff; 2. An electronic device that delivers
nicotine or other vaporized liquids to the person inhaling from the
device, including, but not limited to, an electronic cigarette,
cigar, pipe, or hookah ...”
Sacramento, Calif., Ordinance 2019-0012 (April 16, 2019) (codified
at Sacramento, Calif., Code § 5.138.030).
Yes. No.
February 2021
Jurisdiction / California / San Diego County
Flavor prohibited? Menthol prohibited? All tobacco products? Covers
all retailers? Case law
Yes.
“A tobacco retailer, or any of the tobacco retailer’s agents or
employees, shall not sell, offer for sale, or possess with the
intent to sell or offer for sale, a flavored tobacco product or a
tobacco product flavor enhancer.”
San Diego County, Cal. Code § 21.2604(a) (2020).
Yes.
“’Flavored tobacco product’ means any tobacco product that contains
a taste or smell, other than the taste or smell of tobacco, that is
distinguishable by an ordinary consumer either prior to or during
the consumption of the product, including, but not limited to, any
taste or smell relating to ... menthol, mint, wintergreen
...”
San Diego County, Cal. Code § 21.2602(i) (2020).
No.
“This section shall not apply to the sale of flavored shisha
tobacco products by a hookah tobacco retailer if all of the
following conditions are met: (1) The hookah tobacco retailer has a
valid license to sell tobacco products issued pursuant to Chapter 2
(commencing with section 22971.7) of Division 8.6 of the California
Business and Professions Code. (2) The hookah tobacco retailer does
not permit any person under 21 years of age to be present or enter
the premises at any time. (3) The hookah tobacco retailer shall
operate in accordance with all relevant state and local laws
relating to the sale of tobacco products. (4) If consumption of
tobacco products is allowed on the premises of the hookah tobacco
retailer, the hookah tobacco retailer shall operate
Yes. Yes.
Separate lawsuits brought by tobacco manufacturers and retailers on
preemption grounds. Cases pending as of January 2021. (N’hood
Market Assn., Inc. et al v. Cty. of San Diego, No. 3:20-cv-01124
(S.D. Cal., filed Jun 19, 2020); R.J. Reynolds Tobacco Co. et al v.
Cty. of San Diego, No. 3:20- cv-01290 (S.D. Cal., filed Jul 09,
2020)
February 2021
Jurisdiction / California / San Diego County / continued
Flavor prohibited? Menthol prohibited? All tobacco products? Covers
all retailers? Case law
in accordance with all state and local laws relating to the
consumption of tobacco products on the premises of a tobacco
retailer, including, but not limited to, section 6404.5 of the
Labor Code.” and “This section shall not apply to loose leaf
tobacco or premium cigars.”
San Diego County, Cal. Code § 21.2604 (c) & (d) (2020).
February 2021
Jurisdiction / California / San Francisco
Yes.
“The sale or distribution by an Establishment of any Flavored
Tobacco Product is prohibited.”
S.F., Cal., Health Code § 19Q.3 (2019).
Yes.
“‘Characterizing Flavor’ means a Distinguishable taste or aroma or
both, other than the taste or aroma of tobacco … Characterizing
Flavors include, but are not limited to, tastes or aromas relating
to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert,
alcoholic beverage, menthol, mint, wintergreen, herb, or
spice.”
S.F., Cal., Health Code § 19Q.2 (2019) (emphasis added).
Yes.
“‘Tobacco Product’ has the meaning set forth in Health Code Section
19H.2.”
S.F., Cal., Health Code § 19Q.2 (2019).
“‘Tobacco Product’ means (1) any product containing, made, or
derived from tobacco or nico- tine that is intended for human
consumption … ; (2) any device or component, part, or accessory
that delivers nicotine alone or combined with other substances to
the person using the device including but not limited to electronic
cigarettes, cigars, or pipes … ”
S.F., Cal., Health Code § 19Q.2 (2019) (emphasis added).
Yes. No.
February 2021
Jurisdiction / California / San Leandro
Yes.
“No tobacco retailer, nor any of the retailer’s agents or
employees, shall sell or offer for sale, or possess with intent to
sell or offer for sale, any flavored tobacco product.”
San Leandro, Cal., Code § 4.36.150(l) (2019) (emphasis
added).
Yes.
Characterizing flavor is defined as “ a distinguishable taste or
aroma, other than the taste or aroma of tobacco, imparted by a
tobacco product or any byproduct produced by the tobacco product,
including ... menthol, mint, wintergreen ...“
San Leandro, Cal., Code § 4.36.100 (2020).
No.
“‘Flavored tobacco product’ means any tobacco product (other than
cigarettes as defined by the U.S. Food and Drug Administration)
…”
San Leandro, Cal., Code § 4.36.100 (2020).
Yes.
“No tobacco retailer, nor any of the retailer’s agents or
employees, shall sell or offer for sale, or possess with intent to
sell or offer for sale, any flavored tobacco product.”
San Leandro, Cal., Code § 4.36.150(l) (2019) (emphasis
added).
“‘Tobacco retailer’ means any person who sells, offers for sale, or
does or offers to exchange for any form of consideration,
electronic cigarettes, electronic cigarette products, electronic
cigarette paraphernalia, tobacco products or tobacco paraphernalia.
… This definition is without regard to the quantity … sold, offered
for sale, exchanged, or offered for exchange.”
San Leandro, Cal., Code § 4.36.100 (2019) (emphasis added).
No.
Jurisdiction / California / San Mateo
Yes.
”The sale or offer for sale, by any person or tobacco retailer of
any flavored tobacco product is prohibited and no person or tobacco
retailer shall sell, or offer for sale, any flavored tobacco
product.”
San Mateo, Cal. Code § 7.40.130(a) (2020).
Yes.
“’Characterizing flavor’ means a distinguishable taste or aroma or
both, other than the taste or aroma of tobacco, imparted by a
tobacco product or any byproduct produced by the tobacco product.
Characterizing flavors include ... menthol, mint, wintergreen
...”
San Mateo, Cal. Code § 7.40.130(c)(1) (2020).
Yes.
“’Tobacco product’ means any substance containing tobacco leaf,
including cigarettes, cigars, loose tobacco, snuff or any other
preparation of tobacco which may be used for smoking, chewing,
inhalation or other means of ingestion; and any electronic
cigarette or other electronic device used to generate smoke
...”
San Mateo, Cal. Code § 7.40.020(l) (2020).
Yes. No.
February 2021
Jurisdiction / California / San Mateo County
Flavor prohibited? Menthol prohibited? All tobacco products? Covers
all retailers? Case law
Yes.
“The sale or offer for sale, by any person or tobacco retailer of
any flavored tobacco product is prohibited and no person or tobacco
retailer shall sell, or offer for sale, any flavored tobacco
product.”
San Mateo County, Cal. Code § 4.99.030 (a) (2018).
Yes.
“’Characterizing flavor’ means a distinguishable taste or aroma or
both, other than the taste or aroma of tobacco, imparted by a
tobacco product or any byproduct produced by the tobacco product.
Characterizing flavors include, but are not limited to ... menthol,
mint, wintergreen ...”
San Mateo County, Cal. Code § 4.99.020 (a) (2018).
Yes.
“Tobacco product means: (1) Any product containing, made, or
derived from tobacco or nicotine that is intended for human
consumption, whether smoked, heated, chewed, absorbed, dissolved,
inhaled, snorted, sniffed, or ingested by any other means … (2) Any
electronic smoking device that delivers nicotine or other
substances... (3) ...any component, part, or accessory intended or
reasonably expected to be used with a tobacco product...”
San Mateo County, Cal. Code § 4.96.030 (h) (2018).
Yes. No.
February 2021
Jurisdiction / California / Santa Barbara County
Flavor prohibited? Menthol prohibited? All tobacco products? Covers
all retailers? Case law
Yes.
“No person engaged in tobacco retailing may … Sell a flavored
tobacco product … “
Santa Barbara County, Cal. Code § sec. 37A-9.5 (4)(a)(2019).
Yes.
“’Flavored tobacco product’ means any tobacco product that contains
a taste or smell, other than the taste or smell of tobacco, that is
distinguishable by an ordinary consumer either prior to, or during
the consumption of, a tobacco product, including, but not limited
to, any taste or smell relating to fruit, menthol, mint,
wintergreen...”
Santa Barbara County, Cal. Code § sec. 37A-2 (g)(2019).
Yes.
“Tobacco product means: (1) Any product containing, made of, or
derived from tobacco or nicotine that is intended for human
consumption or is likely to be consumed, whether inhaled, absorbed,
or ingested by any other means, including but not limited to a
cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;
(2) Any electronic smoking device... (3) Any component, part, or
accessory of (1) or (2)...”
Santa Barbara County, Cal. Code § sec. 37A-2 (o)(2019).
Yes. No.
February 2021
Jurisdiction / California / Santa Clara County
Flavor prohibited? Menthol prohibited? All tobacco products? Covers
all retailers? Case law
Yes.
“No Retailer shall Sell a Tobacco Product containing … an
artificial or natural flavor or aroma (other than tobacco) or an
herb or spice, including but not limited to strawberry, grape,
orange, clove, cinnamon, pineapple, vanilla, coconut, licorice,
cocoa, chocolate, cherry, mint, menthol, or coffee, that is a
characterizing flavor or aroma of the Tobacco Product, smoke, or
vapor produced.”
Santa Clara Cty., Cal. Code § B11-578(i)(1) (2020).
Yes.
“An artificial or natural flavor or aroma … including but not
limited to … mint, menthol.”
Santa Clara Cty., Cal. Code § B11-578(i)(1) (2020).
Yes.
“Tobacco Product means any product subject to Subchapter IX (21
U.S.C. et seq. [ … ] of the Federal Food, Drug, and Cosmetic Act …
include, but are not limited to, cigarettes, cigarette tobacco …
and Electronic Cigarette Products.”
Santa Clara Cty., Cal. Code § B11-577(i) (2020).
No.
The law “shall not apply to any Retailer that meets all of the
following criteria: (i) primarily sells tobacco products; (ii)
generates more than 60 percent of its gross revenues annually from
the sale of Tobacco Products; (iii) does not permit any individual
under 21 years of age to be present or enter the premises at any
time … (iv) does not sell alcoholic beverages or food consumption
on the premises; and (v) posts a sign outside a retail location
that clearly, sufficiently, and conspicuously informs the public
that individuals under 21 years of age are prohibited from entering
the premises.”
Santa Clara Cty., Cal. Code § B11-578 (i)(3) (2020).
No.
Jurisdiction / California / Santa Cruz County
Flavor prohibited? Menthol prohibited? All tobacco products? Covers
all retailers? Case law
Yes.
It shall be a violation of this chapter for any tobacco retailer or
any of the tobacco retailer’s agents or employees to sell or offer
for sale, or to possess with intent to sell or offer for sale, any
flavored tobacco product. “
Santa Cruz County, Cal. Code § 5.60.040(I) (2020).
Yes.
“’Characterizing flavor’ means a taste or aroma, other than the
taste or aroma of tobacco, imparted either prior to or during
consumption of a tobacco product or any byproduct produced by the
tobacco product, including, but not limited to, tastes or aromas
relating to menthol, mint, wintergreen ...”
Santa Cruz County, Cal. Code § 5.60.020(A) (2020).
Yes.
“Tobacco product means: (1) Any product containing, made, or
derived from tobacco or nicotine that is intended for human
consumption, whether smoked, heated, chewed, absorbed, dissolved,
inhaled, snorted, sniffed, or ingested by any other means … (2) Any
electronic smoking device; and (3) Any component, part, or
accessory intended or reasonably expected to be used with a tobacco
product...”
Santa Cruz County, Cal. Code § 5.60.020(R) (2020).
Yes. No.
February 2021
Jurisdiction / California / Santa Maria
Yes.
“It shall be a violation of this Chapter for any Tobacco Retailer
or any of the Tobacco Retailer‘s agents or employees to Sell or
offer for Sale, or to possess with intent to Sell or offer for
Sale, any Flavored Tobacco Product”
Santa Maria, Cal. Ordinance No. 2019-11 sec. 6-13.11.
Yes.
“Characterizing flavor” includes “tastes or aroma relating to
menthol, mint, wintergreen”
Santa Maria, Cal. Ordinance No. 2019-11 sec. 6-13.01.
Yes.
“‘Tobacco Product’ means: (1) any product containing, made, or
derived from tobacco or nicotine that is intended for human
consumption, whether smoked, heated, chewed, absorbed, dissolved,
inhaled, snorted, sniffed, or ingested by any other means,
including, but not limited to Cigarettes, Cigars, Little Cigars,
chewing tobacco, pipe tobacco, snuff; and (2) any electronic
smoking device that delivers nicotine or other substances to the
Person inhaling from the device including, but not limited to, an
electronic cigarette, electronic cigar, electronic pipe or
electronic hookah, and specifically includes the cartridges or
vaping capsules. ...”
Santa Maria, Cal. Ordinance No. 2019-11 sec. 6-13.01(x)(2).
Yes. No.
February 2021
Jurisdiction / California / Ventura
Yes.
“It shall be a violation of this Chapter for any Tobacco Retailer’s
agents or employees to sell or deliver or offer for sale or
delivery, or to possess with intent to sell or offer for sale, any
Flavored Tobacco Product to a person in the City.”
Ventura, Cal. Code § 8.350.040 (E) (2019).
Yes.
“’Characterizing Flavor’ means a taste or aroma, other than the
taste or aroma of tobacco, imparted either prior to or during
consumption of a Tobacco Product or any byproduct produced by the
Tobacco Product, including, but not limited to, tastes or aromas
relating to menthol, mint, wintergreen...”
Ventura, Cal. Code § 8.355.020 (2019).
No.
“Tobacco Retailers shall be permitted to sell flavored hookah
tobacco for onsite use and consumption, subject to all state and
federal regulations.”
Ventura, Cal. Code § 8.350.040 (F) (2019).
Yes. No.
February 2021
Jurisdiction / California / Ventura County
Yes.
“...[N]o person or flavored vaping products retailer, or its agents
or employees, shall sell or exchange or offer for sale or exchange,
or possess with the intent to sell or exchange or offer for sale or
exchange, any flavored vaping products or any flavored vaping
products paraphernalia...”
Ventura County, Cal. Code div. 6 ch. 8.5 § 6834 (2019).
Yes.
“’Flavored vaping products’ means any product containing flavored
nicotine or other flavored substances, made or derived from
flavored nicotine or other flavored substances, whether natural or
synthetic, that is intended for human consumption and is heated,
inhaled, smoked, snorted or sniffed through an electronic smoking
device. ‘Flavored vaping products’ does not include tobacco-only
flavored vaping products.’
Ventura County, Cal. Code div. 6 ch. 8.5 § 6833 (b) (2019).
No. See first box. Yes. No.
February 2021
Jurisdiction / California / Yolo County*
Yes.
“[I]t shall be a violation of this Chapter for any licensee or any
of the licensee’s agents or employees to sell, offer for sale, or
exchange for any form of consideration:
(1) Any Flavored Tobacco Product.”
Yolo County, Cal., Code § 6-15.10(e) (2019).
Yes.
“‘Flavored Tobacco Product’ means any Tobacco Product that contains
a constituent that imparts a characterizing flavor to the tobacco
product or smoke produced by the tobacco product, either by the
addition of artificial or natural flavors or an herb or space,
including menthol … ”
Yolo County, Cal., Code § 6-15.02(f) (2019) (emphasis added).
Yes.
“‘Tobacco Product’ means: (1) any substance containing tobacco
leaf, including but not limited to cigarettes … (3) any electronic
device that delivers nicotine or other substances to the person
inhaling from the device, including but not limited to an
electronic cigarette, cigar, pipe, or hookah.”
Yolo County, Cal., Code § 6-15.02(m) (2019) (emphasis added).
Yes.
“[I]t shall be a violation of this Chapter for any licensee or any
of the licensee’s agents or employees to sell, offer for sale, or
exchange for any form of consideration:
(1) Any Flavored Tobacco Product.”
Yolo County, Cal., Code § 6-15.10(e) (2019) (emphasis added).
No.
* Woodland, CA, and Davis, CA, adopted Yolo County’s flavor
restrictions by reference.
February 2021
Jurisdiction / Colorado / Boulder
Yes.
“No tobacco retailer or any agent or employee of any tobacco
retailer shall sell, offer for sale or possess with the intent to
sell … any flavored tobacco product designed for or capable of use
in any electronic smoking device”
Boulder, Colo. Code § 6-4.5-2(c) (2020).
Yes.
A “characterizing flavor” is defined as “distinguishable taste or
aroma or both other than the taste or aroma of tobacco” including
“menthol, mint, wintergreen.”
Boulder, Colo. Code § 6-4.5-1 (2020).
Yes.
”Tobacco product means: (1) Any product which contains, is made or
derived from tobacco or used to deliver nicotine, synthetic
nicotine or other substances intended for human consumption,
whether heated, chewed, absorbed, dissolved, inhaled, snorted,
sniffed, or ingested by any other means, including, but not limited
to cigarettes, cigars, little cigars, chewing tobacco, pipe
tobacco, snuff, bidis, snus, nicotine product, mints or hand gels,
including but not limited to any product that is required by the
Federal Food and Drug Administration to be labeled as possibly
containing nicotine; (2) An electronic smoking device; (3) Flavored
tobacco products ...”
Boulder, Colo. Code § 6-4.5-1 (2020).
No.
“Provided however, that until January 1, 2020, a tobacco retailer
who does not permit anyone under the age of 21 from being present
in or entering the premises may sell or offer for sale
menthol-flavored flavored tobacco products designed for or capable
of being used in an electronic smoking device.”
Boulder, Colo. Code § 6-4.5- 2(c) (2020).
No.
Jurisdiction / Illinois / Chicago
Flavor prohibited? Menthol prohibited? All tobacco products? Covers
all retailers? Case law
Yes — in all e-cigarettes, but other tobacco products only within
buffer zone.
“No person shall sell, give away, barter, exchange, or otherwise
deal in flavored tobacco products, samples of such products, or
accessories for such products at any location within 500 feet of
the property line of any public, private, or parochial secondary
school located in the City of Chicago.”
Chicago, Ill., Code § 4-64- 515(b) (2019) (emphasis added).
“No person shall sell, give away, barter, exchange, or otherwise
furnish to any other person any flavored liquid nicotine
product.”
Chicago, Ill., Code § 4-64- 355 (c) (2020).
Yes.
“‘Flavored tobacco product’ means any tobacco product, other than a
liquid nicotine product, that contains a constituent that imparts a
characterizing flavor … ‘[C]haracterizing flavor’ means a
distinguishable taste or aroma, other than the taste or aroma of
tobacco, imparted either prior to or during consumption of a
tobacco product, including, but not limited to, tastes or aromas of
menthol, mint, wintergreen … ” “‘Flavored liquid nicotine product”
means any liquid nicotine product that contains a constituent that
imparts a characterizing flavor. As used in this definition. the
term ‘characterizing flavor’ means a distinguishable taste or aroma
imparted either prior to or during consumption of a liquid nicotine
product, including but not limited to
Yes.
“‘Tobacco product’ means any electronic cigarette as defined herein
or component or part thereof or any product in leaf, flake, plug,
liquid, or any other form, containing nicotine derived from
tobacco, which product is intended to enable human consumption of
the tobacco or nicotine, whether chewed, smoked, absorbed,
dissolved, inhaled, snorted, sniffed, or ingested by any other
means ...”
Chicago, Ill., Code § 4-64- 100 (2020);
“Electronic cigarette means any electronically actuated device
which in operation causes the user to exhale any smoke, vapor, or
other substance other than those produced by unenhanced human
exhalation … ”
Chicago, Ill., Code § 7-32-010 (2019).
No.
“No person shall sell, give away, barter, exchange, or otherwise
deal in flavored tobacco products, samples of such products, or
accessories for such products at any location that has a property
line within 500 feet of the property line of any public, private,
or parochial secondary school located in the City of Chicago. This
subsection does not apply to retail tobacco stores. For purposes of
this subsection, ‘retail tobacco store’ has the meaning ascribed to
the term in Section 7-32-010.”
Chicago, Ill., Code § 4-64-151(b) (2019) (emphasis added).
“‘Retail tobacco store’ means a retail establishment that derives
more than 80% of its gross revenue from the sale of loose tobacco,
cigarettes, cigarillos, cigars, pipes, other smoking devices and
accessories, hookahs and
Yes.
Equal protection challenge pending as of Jan 2020. Sufi Foods Corp.
v. City of Chicago, No. 2019-CH- 03079 (Ill. Cir. Ct., filed Mar
08, 2019). Ordinance previously survived challenge on preemption,
vagueness, due process grounds. Independents Gas & Serv.
Stations Ass’ns, Inc. v. City of Chicago, 112 F. Supp. 3d 749 (N.D.
Ill. 2015).
February 2021
Jurisdiction / Illinois / Chicago / continued
tastes or aromas of menthol, mint, wintergreen …”
Chicago, Ill., Code § 4-64- 100 (2020).
related products, and/or electronic cigarettes and related
products, and in which the sale of other products is merely
incidental. ‘Retail tobacco store’ does not include a tobacco
department or section of a larger commercial establishment or any
establishment with any type of liquor, food, or restaurant
license.”
Chicago, Ill., Code § 7-32-010 (2019).
February 2021
Jurisdiction / Maine
Yes.
“Except as provided in subsection 5-A, a person may not sell or
distribute or offer to sell or distribute in this State any
flavored cigar unless the cigar is a premium cigar.”
Me. Stat. tit. 22, § 1560D(2) (2020).
“Any flavored cigar that the Attorney General determined had no
characterizing flavor or was otherwise exempt under former
subsection 5 is exempt from the prohibition on flavored nonpremium
cigars in subsection 2 so long as no material change is made to the
cigar's flavoring, packaging or labeling subsequent to the Attorney
General's determination.”
Me. Stat. tit. 22, § 1560D(5-A) (2020).
Yes.
“Characterizing flavor” means a distinguishable taste or aroma of
candy, chocolate, vanilla, fruit, berry, nut, herb, spice, honey or
an alcoholic drink that is imparted to tobacco or tobacco smoke
either prior to or during consumption. ‘Characterizing flavor’ does
not include a taste or aroma from tobacco.”
Me. Stat. tit. 22, § 1560D(1) (A) (2020).
No.
“’Flavored cigar’ means a cigar or any component part of the cigar
that contains a constituent that imparts a characterizing
flavor.”
Me. Stat. tit. 22, § 1560D(1) (D) (2020).
Yes.
Jurisdiction / Maryland / implemented through executive action,
effective February 2020
Flavor prohibited? Menthol prohibited? All tobacco products? Covers
all retailers? Case law
Yes.
”The Comptroller’s Field Enforcement Division is prioritizing its
enforcement actions against those unauthorized products most widely
used by children — specifically, cartridge-based and disposable
ESDs with flavors other than tobacco or menthol.”
Comptroller of Maryland, Tobacco Tax Bulletin 77 (February 10,
2020).
No.
Comptroller of Maryland, Tobacco Tax Bulletin 77 (February 10,
2020).
No.
Comptroller of Maryland, Tobacco Tax Bulletin 77 (February 10,
2020).
Yes.
Jurisdiction / Massachusetts / effective June 1, 2020
Flavor prohibited? Menthol prohibited? All tobacco products? Covers
all retailers? Case law
Yes.
“No person, retailer or manufacturer shall sell, distribute, cause
to be sold or distributed, offer for sale any flavored tobacco
product or tobacco product flavor enhancer in any retail
establishment, online or through any other means to any consumer in
the commonwealth; … No person, retailer or manufacturer shall
market or advertise a proposed sale or distribution that is
prohibited herein.”
Mass. Gen. Laws c. 270 § 28(b) (2019).
Yes.
Mass. Gen. Laws c. 270 § 28(a) (2019).
Yes.
“Tobacco product” includes “electronic cigarettes, electronic
cigars, electronic pipes, electronic nicotine delivery systems or
any other similar products that rely on vaporization or
aerosolization regardless of nicotine content in the
product.”
Mass. Gen. Laws c. 270 § 28(a) (2019).
No.
The law “shall not apply to the sale or distribution by a smoking
bar, as defined in section 22, of flavored tobacco products or
tobacco product flavor enhancers for on-site consumption.” Mass.
Gen. Laws c.270 § 28(b). “’Smoking bar’, an establishment that: (i)
exclusively occupies an enclosed indoor space and is primarily
engaged in the retail sale of tobacco products as defined in
section 6 for consumption by customers on the premises; (ii)
derives revenue from the sale of food, alcohol or other beverages
that is incidental to the sale of a tobacco product and prohibits
entry to a person under 21 years of age; (iii) prohibits a food or
beverage not sold directly by the establishment from being consumed
on the premises; (iv) maintains a valid permit for the
No.
Flavor prohibited? Menthol prohibited? All tobacco products? Covers
all retailers? Case law
retail sale of a tobacco product as required to be issued by the
appropriate authority in the city or town in which the
establishment is located; and (v) maintains a valid permit issued
by the department of revenue to operate as a smoking bar.”
Mass. Gen. Laws c. 270 § 22(a) (2019).
February 2021
Jurisdiction / Massachusetts / Boston
Yes.
“No retailer, retail establishment, or other individual or entity
shall sell or distribute, or cause to be sold or distributed, or
offer for sale, any flavored tobacco product or tobacco product
flavor enhancer to a consumer.”
Boston Public Health Commission, Youth Access Regulation §
III(B)(13) (2020).
Yes.
Characterizing flavor is defined as “A distinguishable taste or
aroma, other than the taste or aroma of tobacco, imparted either
prior to or during consumption of a tobacco product or nicotine
delivery product or component part thereof, including but not
limited to, tastes or aromas relating to menthol, mint or
wintergreen ...”
Boston Public Health Commission, Youth Access Regulation § II(5)
(2020).
Yes.
Boston Public Health Commission, Youth Access Regulation § II(16)
(2020) (emphasis added).
“Tobacco Product – A cigarette, cigar, chewing tobacco, pipe
tobacco, bidi, snuff, other tobacco or nicotine delivery product in
any form.”
Id. § II(22) (emphasis added).
No.
”Massachusetts law relative to restricting the sale of flavored
tobacco and nicotine products and tobacco product flavor enhancer
permits these products to be sold only in a smoking bar for on-site
consumption.”
Boston Public Health Commission, Youth Access Regulation §
III(B)(13)(a) (2020).
No.
Jurisdiction / Massachusetts / Cambridge
Yes.
“No retailer, or other individual or entity shall sell or
distribute or cause to be sold or distributed or offer for sale any
flavored tobacco to a consumer. This provision shall not apply to a
retail tobacco store.”
Cambridge, Mass., Code § 8.28.030(K) (2019) (emphasis added).
No.
“Characterizing Flavor. A distinguishable taste or aroma, other
than the taste or aroma of tobacco, menthol, mint or wintergreen,
imparted either prior to or during consumption of a tobacco product
… ”
Cambridge, Mass., Code § 8.28.020 (2019) (emphasis added).
Yes.
“Nicotine Delivery Product. Any manufactured article or product
made wholly or in part of a tobacco substitute or otherwise
containing nicotine that is expected or intended for human
consumption … Nicotine delivery products include, but are not
limited to, e-cigarettes.”
Cambridge, Mass., Code § 8.28.020 (2019) (emphasis added).
“Tobacco Product. Cigarettes, cigars, chewing tobacco, pipe
tobacco, nicotine delivery product, snuff or tobacco in any of its
forms.”
Id. (emphasis added).
“Flavored Tobacco Product. Any tobacco product or component part
thereof that contains a constituent that imparts a characterizing
flavor.”
Id. (emphasis added).
No.
“No retailer, or other individual or entity shall sell or
distribute or cause to be sold or distributed or offer for sale any
flavored tobacco to a consumer. This provision shall not apply to a
retail tobacco store.”
Cambridge, Mass., Code § 8.28.030(K) (2019) (emphasis added).
No.
Jurisdiction / Massachusetts / Lowell
Yes.
“No person shall sell or distribute or cause to be sold or
distributed any flavored product.” Regulation of Lowell Board of
Health, sec. O (2016). Flavored tobacco product is defined as “any
tobacco product or component part thereof that contains a
constituent that has or produces a characterizing flavor.”
Regulation of Lowell Board of Health , sec. C (2016).
No.
A “characterizing flavor” is defined as “a distinguishable taste or
aroma, other than the taste or aroma of tobacco, menthol, mint or
wintergreen …”
Regulation of Lowell Board of Health , sec. C (2016).
Yes.
“Tobacco product” means “any product containing, made, or derived
from tobacco or nicotine that is intended for human consumption,
whether smoked, chewed, absorbed, dissolved, inhaled, snorted,
sniffed, or ingested by any other means, including, but not limited
to: … electronic cigarettes, electronic cigars, electronic pipes,
electronic hookah, or other similar products … that rely on
vaporization or aerosolization.”
Regulation of Lowell Board of Health , sec. C (2016).
No.
There is an exemption for “retail tobacco stores,” which are
defined as establishments, “whose primary purpose is to sell or
offer for sale to consumers, but not for resale, tobacco products
and tobacco paraphernalia, in which the sale of other products is
merely incidental, and in which the entry of persons under the
minimum legal sales age … is prohibited at all times.”
Regulation of Lowell Board of Health , sec. C (2016).
No.
Jurisdiction / Massachusetts / Lynn
Yes.
“No person shall sell or distribute or cause to be sold or
distributed any flavored tobacco product at retail”
City of Lynn, Mass. Board of Health Reg., sec. P (2019).
No.
“Characterizing flavor” is defined as “a distinguishable taste or
aroma, other than the taste or aroma of tobacco, menthol, mint or
wintergreen”
City of Lynn, Mass. Board of Health Reg., sec. C (2019).
Yes.
“Tobacco product” is defined as “any product containing, made, or
derived from tobacco or nicotine that is intended for human
consumption … including, but not limited to … electronic
cigarettes, electronic cigars, electronic pipes, electronic hookah,
liquid nicotine, e-liquids or other similar products.”
City of Lynn, Mass. Board of Health Reg., sec. C (2019).
No.
Flavored products are banned “except in smoking bars and adult-only
retail tobacco stores.”
City of Lynn, Mass. Board of Health Reg., sec. P (2019).
No.
Jurisdiction / Massachusetts / Newton
Yes.
“No retailer, or other individual or entity shall sell or
distribute or cause to be sold or distributed or offer for sale any
flavored tobacco or nicotine product to a consumer.”
Newton, Mass. Ord. Ch. 20-2(j) (2019).
No.
A “characterizing flavor” is defined as “a distinguishable taste or
aroma, other than the taste or aroma of tobacco, menthol, mint or
wintergreen … “
Newton, Mass. Ord. Ch. 20- 2(b) (2019).
Yes.
Nicotine Delivery Product is defined as: “Any manufactured article
or product made wholly or in part of a tobacco substitute or
containing nicotine that is expected or intended for human
consumption …”
Newton, Mass. Ord. Ch. 20- 2(b) (2019).
No.
There is an exception for “retail tobacco stores” and “retail
nicotine delivery product stores.” These stores are defined as
“establishment[s] … whose primary purpose is to sell or offer for
sale to consumers, but not for resale, tobacco products and tobacco
paraphernalia, or nicotine delivery products, in which the entry of
persons under the age of twenty-one (21) is prohibited at all
times.”
Newton, Mass. Ord. Ch. 20- 2(b) & (j) (2019).
No.
Jurisdiction / Massachusetts / Somerville
Yes.
“No person shall sell or distribute or cause to be sold or
distributed any flavored tobacco product … ”
Somerville, Mass. , Health Reg. Part G (2019).
Yes.
“Flavored tobacco product: Any tobacco product or component part
thereof that contains a constituent that has or produces a
characterizing flavor.”
“Characterizing flavor: A distinguishable taste or aroma, other
than the taste or aroma of tobacco, imparted or detectable either
prior to or during consumption of a tobacco product … including,
but not limited to, tastes or aromas relating to any fruit,
chocolate, vanilla, honey, menthol, mint, wintergreen … ”
Somerville, Mass. , Health Reg. Part C (2019) (emphasis
added).
Yes.
“Tobacco product: Any product containing, made, or derived from
tobacco or nicotine that is intended for human consumption …
including, but not limited to: electronic cigarettes … [and] any
component or part of a tobacco product … ”
Somerville, Mass. , Health Reg. Part C (2019) (emphasis
added).
No.
“No person shall sell or distribute or cause to be sold or
distributed any flavored tobacco product, except in smoking bars
and retail tobacco stores.”
Somerville, Mass. , Health Reg. Part G (2019) (emphasis
added).
No.
Jurisdiction / Massachusetts / Worcester
Yes.
“No person shall sell or distribute or cause to be sold or
distributed any flavored tobacco product, except in smoking bars
and adult-only retail tobacco stores.”
Worcester, Mass. Bd. of Health, Reg. Restricting the Sale of Cigars
and Flavored Tobacco Products, sec. (E) (2019).
No.
A “characterizing flavor” is defined as “a distinguishable taste or
aroma, other than the taste or aroma of tobacco, menthol, mint or
wintergreen … ”
Worcester, Mass. Bd. of Health, Reg. Restricting the Sale of Cigars
and Flavored Tobacco Products, sec. (C) (2019).
Yes.
“Tobacco Product: Any product containing, made, or derived from
tobacco or nicotine that is intended for human consumption, whether
smoked, chewed, absorbed, dissolved, inhaled, vaped, snorted,
sniffed, or ingested by any other means, including, but not limited
to: cigarettes, cigars, little cigars, chewing tobacco, pipe
tobacco, snuff, or electronic cigarettes, electronic cigars,
electronic pipes, electronic hookah, or other similar products,
regardless of nicotine content, that rely on vaporization or
aerosolization.”
Worcester, Mass. Ordinances, Chapter 8, § 3 (b) (2020).
No.
Flavored products are banned “except in smoking bars and adult-only
retail tobacco stores.”
Worcester, Mass. Bd. of Health, Reg. Restricting the Sale of Cigars
and Flavored Tobacco Products, sec. (E) (2019).
No.
Jurisdiction / Minnesota / Duluth
Yes.
“No person shall sell, offer for sale or otherwise distribute any
flavored tobacco products.”
Duluth, Minn., Code § 11- 11(a) (2019).
Yes.
“Flavored tobacco product means any tobacco or tobacco related
device that contains a taste or smell, other than the taste or
smell of tobacco … including, but not limited to, any taste or
smell relating to menthol, mint, wintergreen … ”
Duluth, Minn., Code § 11-11(c) (2019) (emphasis added).
Yes.
”The terms ‘tobacco’ and ‘tobacco related devices’ shall have the
meanings given to them in Section 609.685 of the Minnesota Statutes
and as the same may from time to time be amended, and shall include
electronic cigarettes defined as any electronic- smoking device
that can be used to deliver nicotine or any other substances to the
person inhaling from the device. The term shall include such
devices whether they are manufactured as electronic cigarettes,
electronic cigars, electronic pipes or any other product name …
”
Duluth, Minn., Code § 11-1(a) (2019).
No.
“No person shall sell, offer for sale or otherwise distribute any
flavored tobacco products. This restriction does not apply to
retail establishments that:
(1) Prohibit persons under the age of 18 from entering at all
times; and
(2) Derive at least ninety percent of their revenues from the sale
of tobacco, tobacco- related devices.”
Duluth, Minn., Code § 11-11(a) (2019) (emphasis added).
No.
Jurisdiction / Minnesota / Minneapolis
Yes.
“No person shall sell, offer for sale, give away, barter, exchange,
or otherwise deal in flavored tobacco products or samples of such
products.”
Minneapolis, Minn., Code § 281.45(f) (2019).
Yes.
“Flavored tobacco product means any tobacco product that contains a
taste or aroma, other than the taste or aroma of tobacco …
including, but not limited to, tastes or aromas of menthol, mint,
wintergreen … ”
Minneapolis, Minn., Code § 281.15 (2019) (emphasis added).
Yes.
“Tobacco products means tobacco, tobacco related devices,
electronic delivery devices, or nicotine or lobelia delivery
products as those terms are defined in this section.”
Minneapolis, Minn., Code § 281.15 (2019) (emphasis added).
“Electronic delivery device includes, but is not limited to …
e-cigarettes … ”
Id. (emphasis added).
“Tobacco means cigarettes and any product containing, made, or
derived from tobacco that is intended for human consumption …
”
Id.
No.
“No person shall sell, offer for sale, give away, barter, exchange,
or otherwise deal in flavored tobacco products or samples of such
products. This subsection does not apply to tobacco products shops
or to a licensed tobacco dealer [under certain conditions]. This
subsection does not apply to licensed off sale liquor stores with
regard to menthol, mint or wintergreen flavored tobacco products
provided that such an establishment does not permit any persons
under the age of twenty-one (21) to be present within the
establishment unaccompanied by a parent or guardian.”
Minneapolis, Minn., Code § 281.45(f) (2019) (emphasis added).
No.
Jurisdiction / Minnesota / Saint Paul
Yes.
“No person shall sell, offer for sale, or otherwise distribute any
flavored products.”
St. Paul, Minn., Code § 324.07(f) (2019).
Yes.
“Flavored product means any tobacco product, tobacco- related
device, electronic delivery device, or nicotine or lobelia delivery
product that contains a taste or smell, other than the taste or
smell of tobacco that is distinguishable by an ordinary consumer
either prior to or during [use] … including, but not limited to,
any taste or smell relating to menthol, mint, wintergreen … ”
St. Paul, Minn., Code § 324.03(3) (2019) (emphasis added).
Yes.
“Electronic delivery device means any product containing or
delivering nicotine, lobelia, or any other substance intended for
human consumption that can be used by a person to simulate smoking
in the delivery of nicotine or any other substance through
inhalation of vapor from the product.”
St. Paul, Minn., Code § 324.03(2) (2019) (emphasis added).
“Tobacco or tobacco product means any product containing, made, or
derived from tobacco … including, but not limited to cigarettes …
”
St. Paul, Minn., Code § 324.03(7) (2019).
“Flavored product means any tobacco product, tobacco- related
device, electronic delivery device, or nicotine or lobelia delivery
product that
No.
“Retail stores that derive at least ninety (90) percent of their
revenue from the sale of tobacco products, tobacco- related
devices, electronic delivery devices, or nicotine or lobelia
delivery products and where the retailer ensures that no person
under eighteen (18) years of age is permitted to enter, at any time
are permitted to sell and offer for sale flavored tobacco
products.”
St. Paul, Minn., Code § 324.07(h) (3) (2019) (emphasis
added).
“Establishments holding an off- sale intoxicating liquor license …
who also hold a license for tobacco sales … shall be permitted to
sell and offer for sale flavored tobacco products only in the
following flavors: menthol, mint, and wintergreen.”
St. Paul, Minn., Code § 324.07(h) (4) (2019) (emphasis
added).
No.
Jurisdiction / Minnesota / Saint Paul / continued
Flavor prohibited? Menthol prohibited? All tobacco products? Covers
all retailers? Case law
contains a taste or smell, other than the taste or smell of
tobacco, menthol, mint, or wintergreen … ”
St. Paul, Minn., Code § 324.03(3) (2019) (emphasis added).
February 2021
Jurisdiction / Montana / Missoula
Yes.
“It is unlawful for any Tobacco Retailer, licensed under MCA §
16-11-303, to sell, offer for sale, give, possess with the intent
to sell or offer for sale, or otherwise distribute a Flavored
Tobacco Product or a Tobacco Product Flavor Enhancer that is or can
be used in or with an Electronic Smoking Device.”
Missoula Mun. Code § 8.38.050 (2020).
Yes.
“’Flavored Tobacco Product’ means a tobacco product that imparts a
taste or smell other than the taste or smell of tobacco, that is
distinguishable by an ordinary consumer either prior to, or during
the consumption of, a tobacco product, including, but is not
limited to, the taste or smell of menthol, mint, wintergreen
...”
Missoula Mun. Code § 8.38.030(B) (2020).
No.
Only covers “electronic smoking devices” or products that can be
used in electronic smoking devices.
Missoula Mun. Code § 8.38.050 (2020).
Yes. No.
February 2021
Jurisdiction / New Jersey / effective April 2020
Flavor prohibited? Menthol prohibited? All tobacco products? Covers
all retailers? Case law
Yes.
“No retailer, either directly or indirectly by an agent or
employee, or by a vending machine owned by the retailer or located
in the retailer’s establishment, shall sell, offer for sale,
distribute for commercial purpose at no cost or minimal cost or
with coupons or rebate offers, give or furnish, to a person any
vapor product that has a characterizing flavor.”
N.J. Rev. Stat. § 2A:170- 51.12(1)(a) (2020).
Yes.
“’Characterizing flavor’ means a distinguishable flavor , taste, or
aroma other than tobacco, including, but not limited to, any fruit,
chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic
beverage, herb, mint, menthol, wintergreen, or spice flavoring,
that is imparted, prior to or during consumption, by a vapor
product, including any smoke or vapor emanating from that
product.”
N.J. Rev. Stat. § 2A:170- 51.12(2)(e) (2020).
No.
Only covers “vapor products,” meaning “any device that may be used
to deliver any aerosolized or vaporized substance to the person
inhaling from the device, including, but not limited to, an
e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.”
N.J. Rev. Stat. § 2A:170- 51.12(2)(e) (2020).*
* Prior to the passage of the Family Smoking Prevention and Tobacco
Control Act, which bans flavored cigarettes other than menthol, New
Jersey had taken similar action with an additional exception of
clove flavors. See N.J. Rev. Stat. § 2A:170-51.6 (2020).
Yes.
Jurisdiction / New Jersey / Jersey City
Flavor prohibited? Menthol prohibited? All tobacco products? Covers
all retailers? Case law
Yes.
“It shall be unlawful for any person to: sell, offer for sale, or
distribute, any Electronic Smoking Device which delivers a Flavored
Tobacco Product.”
Jersey City, N.J. Ord. 19-158 sec. 316-2(A).
Yes.
“Flavored tobacco product” means “any Tobacco Product that contains
a taste or smell other than the taste or smell of tobacco …
including, but not limited to, any taste or smell similar to
chocolate, cocoa, fruit, vanilla, honey, or any candy desert,
alcoholic beverage, herb, or spice.”
Jersey City, N.J. Ord. 19-158 sec. 316-1 (emphasis added).
Yes.
“It shall be unlawful for any person to: sell, offer for sale, or
distribute, any Electronic Smoking Device which delivers a Flavored
Tobacco Product, including but not limited to any flavored liquid,
cartridge, or component intended for the delivery … of a flavored
tobacco product by way of inhalation from an electronic smoking
device.”
Jersey City, N.J. Ord. 19-158 sec. 316-2(A).
Yes. No.
February 2021
Jurisdiction / New York / effective May 2020
Flavor prohibited? Menthol prohibited? All tobacco products? Covers
all retailers? Case law
Yes.
“No vapor products dealer, or any agent or employee of a vapor
products dealer, shall sell or offer for sale at retail in the
state any flavored vapor product intended or reasonably expected to
be used with or for the consumption of nicotine.”
N.Y. U.C.C. Law § 1399- MM-1(2) (2020).
Yes.
“’[F]lavored’ shall mean any vapor product intended or reasonably
expected to be used with or for the consumption of nicotine, with a
distinguishable taste or aroma, other than the taste or aroma of
tobacco, imparted either prior to or during consumption of such
product or a component part thereof, including but not limited to
tastes or aromas relating to ... mint, wintergreen, menthol
...”
N.Y. U.C.C. Law § 1399-MM- 1(1) (2020).
No.
Only covers “vapor products,” which means “any noncombustible
liquid or gel, regardless of the presence of nicotine therein, that
is manufactured into a finished product for use in an electronic
cigarette, including any device that contains such noncombustible
liquid or gel. ...”
N.Y. U.C.C. Law § 1399-AA(17) (2020).
Yes.
“’Vapor products dealer’ means a person licensed by the
commissioner of taxation and finance to sell vapor products in this
state.”
N.Y. U.C.C. Law § 1399-AA(18) (2020).
February 2021
New York
Jurisdiction / New York / New York
Flavor prohibited? Menthol prohibited? All tobacco products? Covers
all retailers? Case law
Yes.
”(a)(1) It shall be unlawful for any person to sell or offer for
sale, or to possess with intent to sell or offer for sale, any
flavored tobacco product except in a tobacco bar. ... (b) (1) It
shall be unlawful for any person to sell or offer for sale, or to
possess with intent to sell or offer for sale, any flavored
electronic cigarette or flavored e-liquid.“
N.Y.C., N.Y., Admin. Code § 17-715 (2020).
Yes.
“The term ‘characterizing flavor’ means a distinguishable taste or
aroma, other than the taste or aroma of tobacco, imparted either
prior to or during consumption of a tobacco product, electronic
cigarette or e-liquid, including ... menthol, mint, wintergreen
...”
N.Y.C., N.Y., Admin. Code § 17- 713 (2020).
No.
”Flavored electronic cigarette. The term ‘flavored electronic
cigarette’ means any electronic cigarette that imparts a
characterizing flavor. ...
”Flavored e-liquid. The term ‘flavored e-liquid’ means any e-liquid
that imparts a characterizing flavor”
... ‘Flavored Tobacco Product. The term ‘tobacco product’ means any
product which contains tobacco that is intended for human
consumption, including any component, part, or accessory of such
product. Tobacco product shall include, but not be limited to, any
cigar, little cigar, chewing tobacco, pipe tobacco, roll-your-own
tobacco, snus, bidi, snuff, tobacco-containing shisha, or
dissolvable tobacco product. Tobacco product shall not
No.
“It shall be unlawful for any person to sell or offer for sale, or
to possess with intent to sell or offer for sale, any flavored
tobacco product except in a tobacco bar.”
N.Y.C., N.Y., Admin. Code § 17- 715(a) (2020) (emphasis
added).
“Only the following entities may sell or offer for sale flavored
tobacco products:
(1) Tobacco bars; and
(2) Tobacco wholesalers, but only where the sale or offer of sale
is made to a tobacco bar or to an entity located outside the City
of New York.”
N.Y.C., N.Y., R. § 28-02(a) (2020) (emphasis added).
Yes.
February 2021
Jurisdiction / New York / New York / continued
Flavor prohibited? Menthol prohibited? All tobacco products? Covers
all retailers? Case law
include cigarettes, electronic cigarettes or e-liquid ...”
N.Y.C., N.Y., Admin. Code § 17- 713 (2020) (emphasis added).
February 2021
Jurisdiction / New York / Yonkers
Yes.
“No person shall sell, offer for sale or distribute in the City any
flavored e-liquid or e-cigarette containing flavored e-liquid. No
other provision of law authorizing the sale of tobacco products
shall authorize the sale of flavored e-liquid.”
Yonkers, N.Y. Ord. 8-2019 sec. 31-157.
Yes.
“Characterizing flavor” is defined as “[a] distinguishable taste or
aroma, including but not limited to any fruit, chocolate, vanilla,
honey, candy, cocoa, dessert, menthol, alcoholic beverage, herb or
spice flavoring, but shall not include tobacco.”
Yonkers, N.Y. Ord. 8-2019 sec. 31-152 (emphasis added).
No.
Yonkers, N.Y. Ord. 8-2019 sec. 31-157.
Yes. Yes.
Litigation over the flavor ban ordinance is pending. Vape Cave Yo
and the New York State Vapor Association Inc. filed complaint Oct.
2019; the judge issued temporary restraining order Nov. 2019 (as of
Jan 2020).
February 2021
Jurisdiction / Pennsylvania / Philadelphia
Yes.
“Except at an adults-only establishment, no person shall sell or
offer for sale, or possess with the intent to sell or offer for
sale, any Electronic Smoking Device with a Characterizing Flavor,
defined as a taste or aroma, other than the taste of
tobacco.”
Philadelphia, Pa. Code § 9-638(2) (2019).
Yes.
Philadelphia, Pa. Code § 9-638(2) (2019).
No.
Philadelphia, Pa. Code §§ 9-638(2) & 9-639(2) (2020).
No.
Philadelphia, Pa. Code § 9-638(2) (2020).
For cigars and roll-your-own tobacco, exception for “Tobacco
Products Distribution Business,” defined as “An establishment that
prohibits minors from entering; provides neither food nor beverage
to customers; and derives ninety percent (90%) or more of gross
sales on an annual basis from Tobacco Products and accessories used
in the consumption of Tobacco Products, including from sales via
the internet which are delivered only upon verification of identity
and age.”
Philadelphia, Pa. Code §§ 9-639(1) & (3) (2020).
Yes.
Challenge based on state preemption, due process, vagueness
grounds. Preliminary injunction granted against city in Nov. 2020
on state preemption grounds. Cigar Assn. of America v. City of
Philadelphia, No. 2:20-cv-03220 (E.D. PA, Nov. 13, 2020).
February 2021
Jurisdiction / Rhode Island / implemented through executive action,
effective March 2020
Flavor prohibited? Menthol prohibited? All tobacco products? Covers
all retailers? Case law
Yes.
“The sale, or offer for sale of, or the possession with intent to
sell or to offer for sale, flavored electronic nicotine-delivery
system products to consumers within the State of Rhode Island is
hereby prohibited.”
R.I. Code of Regs., Licensing of Electronic Nicotine- Delivery
System Distributors and Dealers, 216-RICR-50- 15-6, 6.10(A) (Active
Rule as of 8-11-20).
Yes.
“’Characterizing flavor’ means a distinguishable taste or aroma
imparted either prior to, or during, consumption of an electronic
nicotine-delivery system product or component part thereof,
including, but not limited to, tastes or aromas relating to any
fruit, mint, menthol, wintergreen, chocolate, vanilla, honey,
candy, cocoa, dessert, alcoholic beverage, herb or spice.”
R.I. Code of Regs., Licensing of Electronic Nicotine-Delivery
System Distributors and Dealers, 216-RICR-50-15-6, 6.3(A)(2)
(Active Rule as of 8-11-20).
No.
R.I. Code of Regs., Licensing of Electronic Nicotine-Delivery
System Distributors and Dealers, 216-RICR-50-15-6, 6.10(A) (Active
Rule as of 8-11-20).
Yes.
Jurisdiction / Rhode Island / Providence
Yes.
“It shall be unlawful for any person to sell or offer for sale any
flavored tobacco product to a consumer, except in a smoking
bar.”
Providence, R.I., Code § 14- 309 (2019).
No.
“Characterizing flavor means a distinguishable taste or aroma,
other than the taste or aroma of tobacco, menthol, mint or
wintergreen, imparted either prior to or during consumption of a
tobacco product … ”
Providence, R.I., Code § 14- 308 (2019) (emphasis added).
“Flavored tobacco product means any tobacco product or any
component part thereof that contains a constituent that imparts a
characterizing flavor.”
Providence, R.I., Code § 14- 308 (2019) (emphasis added).
No. (Note that conventional cigarettes are not included.)
“Tobacco product means any product containing tobacco or nicotine,
including, but not limited to, cigars, pipe tobacco, snuff, chewing
tobacco, dipping tobacco, bidis, snus, dissolvable tobacco
products, and electronic cigarette cartridges; provided, however,
that such term shall not include: (1) Cigarettes, including those
cigarettes subject to the special rule for cigarettes relating to
characterizing flavors of the Federal Family Smoking and Tobacco
Prevention Act … ”
Providence, R.I., Code § 14- 308 (2019) (emphasis added).
No.
“It shall be unlawful for any person to sell or offer for sale any
flavored tobacco product to a consumer, except in a smoking
bar.”
Providence, R.I., Code § 14-309 (2019) (emphasis added).
Yes.
In regards to flavoring, the ordinance survived First Amendment and
preemption challenges.
See Nat’l Ass’n of Tobacco Outlets, Inc. v. City of Providence, No.
CA 12-96- ML, 2012 WL 6128707, at *13 (D.R.I. 2012), aff’d. Nat’l
Ass’n of Tobacco Outlets, Inc. v. City of Providence, R.I., 731
F.3d 71 (1st Cir. 2013).
February 2021
Jurisdiction / Utah
Yes.
“It is unlawful for a tobacco retailer that is not a retail tobacco
specialty business to give, distribute, sell, offer for sale, or
furnish a flavored electronic cigarette product to any
person.”
Utah Code § 76-10-113(1) (2020).
“’Flavored electronic cigarette product’ does not include an
electronic cigarette product that: (i) has a taste or smell of only
tobacco, mint, or menthol; …”
Utah Code § 76-10-101(7)(c) (2020).
Only covers “electronic cigarette products” which means “an
electronic cigarette, an electronic cigarette substance, or a
prefilled electronic cigarette.”
Utah Code § 76-10-101(5) (2020).
No.
Excludes “retail tobacco specialty business.” Utah Code § 26-62-102
(2020) (citing § 10-8-41.6 as it relates to a municipality and §
17-50-333 as it relates to a county).
This publication was prepared by the Public H